Legal Question in Family Law in Texas
Wife left Texas with two children.
They are now in California at her parents' house. She says she wants a break and won't come back for maybe 1 year. I do not want a divorce and want to trust her. But I am worried that she plans to stay there, then file for divorce, and I will lose my kids.
1 Answer from Attorneys
At this point, you don't know what her plans are about filing for divorce. California has residency requirements (a minimum amount of time that one has to live in the state before he can file for divorce there); they are probably different from the ones in Texas. If Mom sits there long enough, she will satisfy the requirements in California, and can file in that state. You would then have to fight the divorce by long distance.
If I were you, under these facts, I would go ahead and file for divorce in the county where you live.
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